Hawaldar Dubey v. Kuldip Dubey And ANR

Patna High Court SA No.558 of 1986 (27) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.558 of 1986 ====================================================== Hawaldar Dubey, son of Deoki Dubey, resident of Village Pachmo, P.S. Nabinagar, District Aurangabad ........... Defendant No. 2 ..... Appellant .... .... Appellant

Versus

1. Kuldip Dubey

2. Ambika Dubey, both sons of Mandeo Dubey

3. Sonkera Devi, widow of Late Jagdish Dubey .... Plaintiffs ....... Respondents

4. Smt. Rajmati Kuar, widow of Late Jairam Dubney (name expunged by order dated 9.12.1988)

5. Ram Badan Dubey, son of Shiv Ratan Dubey ........ Defendants .............. Respondents .... .... Respondents ====================================================== Appearance :

\ For the Appellant/s : For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-02-2016 Nobody has appeared on behalf of the appellant. Perused the office notes, from which it transpires that this appeal has stood dismissed for default for non compliance of the order dated 26.2.2008. It does not appear from the record that any step thereafter has been taken for restoration of this appeal. The respondent Nos. 1 to 3 in this appeal were the plaintiffs, whereas the appellant was one of the defendants in the suit. In this view of the matter, proceeding further with this appeal may result in inconsistent orders and conflicting decrees. In the result, this appeal is dismissed as incompetent. (V. Nath, J.) Snkumar/- U